alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6388** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. ROGER DALE RAY, a/k/a Peanut , Defendant

– Appellant
.

Appeal from the United States District Court for th e Eastern District of North Carolina , at Raleigh
. Terrence W. Boyle , District Judge. ( 5:06

- cr - 00012

- BO

- 1; 5:09

- cv - 00002

- BO )

Submitted : June 17, 2010 Decided: June 28, 2010

Before MOTZ and KING , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
. Roger Dale Ray, Appellant Pro Se. Edward D. Gray, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Roger Dale Ray seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 20 10 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (200 6 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstra ting that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independ ently reviewed the record and conclude that Ray has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts3 and legal contentions are adequately pres ented in the materials before the court and argument would not aid the decisional
process. DISMISSED
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1213 

CA 11-01030 

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ. 

 

DANA MESLER AND CYNTHIA MESLER, 

PLAINTIFFS-RESPONDENTS,

V MEMORANDUM AND ORDER

PODD LLC, DEVELOPERS DIVERSIFIED REALTY 

CORPORATION, BG BCF, LLC, ET AL., DEFENDANTS,

AND JJK MANAGEMENT, INC., DEFENDANT-APPELLANT. 

------------------------------------------------ 

DEVELOPERS DIVERSIFIED REALTY CORPORATION AND 

BG BCF, LLC, THIRD-PARTY PLAINTIFFS-RESPONDENTS, 

V

 

JJK MANAGEMENT, INC., THIRD-PARTY 

DEFENDANT-APPELLANT. 

(APPEAL NO. 2.)

 

LIPPMAN O’CONNOR, BUFFALO (GERARD E. O’CONNOR OF COUNSEL), FOR

DEFENDANT-APPELLANT AND THIRD-PARTY DEFENDANT-APPELLANT. 

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (NELSON E. SCHULE, JR., OF

COUNSEL), FOR THIRD-PARTY PLAINTIFFS-RESPONDENTS. 

PAUL WILLIAM BELTZ, P.C., BUFFALO (DEBRA A. NORTON OF COUNSEL), FOR

PLAINTIFFS-RESPONDENTS. 

 

Appeal from an order of the Supreme Court, Erie County (Frank A.

Sedita, Jr., J.), entered May 26, 2010 in a personal injury action. 

The order granted the motion of defendants-third-party plaintiffs for

a conditional order of indemnification against defendant-third-party

defendant and denied the cross motion of defendant JJK Management,

Inc. for summary judgment dismissing plaintiffs’ amended complaint

against it. 

It is hereby ORDERED that the order so appealed from is

unanimously reversed on the law without costs, the cross motion of

defendant JJK Management, Inc. for summary judgment dismissing the

amended complaint against it is granted, that part of the motion of

defendants-third-party plaintiffs Developers Diversified Realty

Corporation and BG BCF, LLC seeking a conditional order of

indemnification in the alternative is denied, and the matter is

remitted to Supreme Court, Erie County, to decide that part of the

motion seeking compensatory damages in the alternative. 
-2- 1213 

CA 11-01030 

Same Memorandum as in Mesler v Podd LLC ([appeal No. 1] ___ AD3d

___ [Nov. 18, 2011]).

Entered: November 18, 2011 Patricia L. Morgan

Clerk of the Court
#### Doe v. Doe

25244

01/23/2004

Affirmed and vacated in part
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 7, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 30, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 126 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-88, CP2024-90.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-26824 Filed 12-6-23; 8:45 am]

BILLING CODE 7710-12-P
EXHIBIT 10.54




                                       61

<PAGE>




                  1997 SLT EXECUTIVE STAFF ANNUAL BONUS PROGRAM

Program Objective:

1. Motivate Key SLT Management to achieve 1997 Operating Profit Target.

Participants and Parameters:
----------------------------

<TABLE>
<CAPTION>
                                              NAME           BONUS % OF BASE SALARY
                                              ----           ----------------------
<S>                                     <C>                  <C>
Category I

1.  CEO                                 Keith Stoneback           *40% of Base

Category II

1.   CFO                                   Mike Stewart            40% of Base
2.  Assistant General Counsel            Davis Woodward            40% of Base
3.  VP, Sales & Marketing                   Glenn Stahl            40% of Base

Category III

Five specific Director level participants                          25% of Base
</TABLE>

* Employment Agreement calls for 50% - 1997 Plan at 40%.

Bonus opportunity for the Category I, II and III participants is based on 100%
achievement of 1997 Operating Profit Plan. There are no subjective aspects of
the 1997 Bonus Program. In order for the Category I, II and III employees to
qualify, 100% of the Operating Profit Target must be met.



                                       62
[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Page 84773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26635]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / 
Notices

[[Page 84773]]



AGENCY FOR INTERNATIONAL DEVELOPMENT


USAID Revisions to ADS 201 Evaluation Report Requirements

AGENCY: U.S. Agency for International Development (USAID).

ACTION: Reopening of Notice of information collection; request for 
comment.

-----------------------------------------------------------------------

SUMMARY: USAID is reopening the comment period for its proposed 
information collection, ``USAID Revisions to ADS 201 Evaluation Report 
Requirements''. Reopening the comment period will allow USAID to 
satisfy the 60-day public comment period required by the Paperwork 
Reduction Act of 1995 (PRA).

DATES: The comment period for the information collection published in 
the Federal Register on March 28, 2023, at 88 FR 18292, is reopened. 
Comments should be received on or before December 11, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 4 days of publication of 
this notice.

FOR FURTHER INFORMATION CONTACT: Tania Alfonso, <a href="/cdn-cgi/l/email-protection#80f4e1ece6efeef3efc0f5f3e1e9e4aee7eff6"><span class="__cf_email__" data-cfemail="abdfcac7cdc4c5d8c4ebded8cac2cf85ccc4dd">[email protected]</span></a>, 
202-712-0144.

SUPPLEMENTARY INFORMATION: USAID, in accordance with the Paperwork 
Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the 
general public and Federal agencies with an opportunity to comment on 
the proposed survey. USAID initially published a Notice of the proposed 
information collection, ``USAID Revisions to ADS 201 Evaluation Report 
Requirements,'' in the Federal Register on March 28, 2023 [88 FR 
18292]. Due to a clerical error, the comment period closed after 56 
days on May 23, 2023, and therefore did not meet not the statutory 60-
day comment period required by the PRA. To meet the 60-day comment 
period requirement, USAID is reopening the comment period for the 
Notice until December 11, 2023.

Tania Alfonso,
PPL/LER, Program Cycle Supervisory Team Lead, USAID.
[FR Doc. 2023-26635 Filed 12-5-23; 8:45 am]
BILLING CODE 6116-01-P


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02/22/2011 10:02 FAX 2024935U2 FAA * DMS 0001/00 2 

>^RT;/tNTOF 

- \SFORWIOM 

February 9. 2011 -; T OrERATlONS' 

-.^•J 

CERTIFIED N4A1L-RETURN RECEIPT RFOUESTF.D ••-', " ? A » 00 

• ' - ' FEB 1 : 2011 

Federal Aviation Administration - ~ A . -K^r,. ) -.r^r--.-^-^-

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 / 

Wilbur Wright Building-Suite 2wl000 CPlll Wp06*:'f / 9 W(3 'bU-^' j 

RE: In the Matter ofSamuel Joseph Latham; Case No. 2010WP150016 

In rcspon.w to your letter received January 28,2011 ,thc Complainanl's Discovery request 

from the RespondenL At this time the Respondent does not have any additional 

information thai the Complainant does not already possess. The Respondent will fiimish 

additional information as it becomes available. 

My response to the Interrogatory number 8. Yes, I contend that T am unable to pay the 

proposed civil penally as detailed in paragraph I. of tlie Complaint. 

The facts lo support my contention arc as follows: I am a snuggling college student 1 

have been paying for college with grants and student loans. Aflcr my tuition is paid i have 

a little left that helps me pay for some food and some rent. I have also had a couple of 

different part time jobs in 2010. As far as 2011 is going 1 do not have a job and am almost 

out of my left over loan money. The only possession I have is a 1990 Ford Ranger pickup truck. 

The docimicnis that will be enclosed to support my contention will be as follows: bank 

statements, W-2 forms for 2010 and form 1098'T from Soaihen) Oregon University and 

certificate of title for my vehicle. 

Your consideration in this matter is greatly appreciated. 

Respectfully submitted, 

Samuel Latham, Respondent 
02/22/2011 10.02 FAX 2024935142 FAA + DMS 21002/002 

CERTIFICATE OK SERVICE 

I, Samuel Latham, hereby certify that on February 9,2011 I served copies of my response 

10 the Complainants request for discovery on the following parties by way of certified 

mail-return receipt. Pcc^^/ s S^^^r/ ^ i^n^c) ^ s/A^^^y, ^ 

TEL: 310-725-7117 

FAX: 310-725-6816 

The Honorable Richard C. Goodvidn, Admirustrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E, 

Cast Building Ground Moor, Room E12-320 

Wo-shington, DC 20590 

TEL: Anomey-Advisor 202-366-2139 

Legal Assistant 202-366-5121 

FAX: 202-366-7536 

Date ^ '^ 

^ ^^^t^zni: 

Signature
17434

#### State v. Williamson

December 24, 1996

Order No. 96-42

Affirmed
91 P.3d 1103

INTERMEDIATE COURT OF APPEALS OF HAWAI'I

#### Harker v. Shamoto

25615

06/02/2004

Denied

104 Hawai'i 536, 92 P.3d 1046
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December 4, 1997

19326

#### Waialae Kahala Partners v. Wong; Wong v. Hale Kulana, Inc.

Affirmed in part, Reversed in part
**Exhibit 23**

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Directors 

CDI Corp.: 

 

We consent to the incorporation by reference in the registrationstatements (No. 333-112088, No. 333-123886, No. 333-123888) on Form S-8 and the registration statement (No. 333-112752) on Form S-3 of CDI Corp. of our reports dated March 11, 2009, with respect to the consolidated balance sheets ofCDI Corp. and subsidiaries as of December 31, 2008 and 2007, and the related consolidated statements of earnings, shareholders’ equity, and cash flows for each of the years in the three-year period ended December 31, 2008, and therelated financial statement schedule, and the effectiveness of internal control over financial reporting as of December 31, 2008, which reports appear in the December 31, 2008 annual report on Form 10-K of CDI Corp. 

 

Our report on the consolidated financial statements refers to the Company’s adoption of theprovisions of Financial Standards Board Interpretation No. 48, *Accounting for Uncertainty in Income Taxes*, effective January 1, 2007.
#### Morris Schwartz, Appellant, *v.*Bernard Parker, Respondent.

Supreme Court, Appellate Term, Second Department,

March 24, 1959.

*Abraham Freundlich*for appellant.

*Parisi S Louison (Norman Nosoff*of counsel), for respondent.

*Per Curiam.*

It is undisputed that the lease for the store space in question was executed in conformity with the provisions of section 8 (subd. [gg], par. [1]) of the Business Rent Law (L. 1945, ch. 314, as amd.). Upon the expiration of the term, such space was removed from the possessory protection theretofore afforded by the statute (Business Rent Law, § 12, as amd. by L. 1956, ch. 735, L. 1957, ch. 452).

The final order should be unanimously reversed on the law and facts, with $30 costs to landlord, and final order directed for landlord as prayed for in the petition, with appropriate costs in the court below. Issuance of warrant stayed until May 31, 1959, upon condition that tenant pay to landlord for use and occupation the same monthly rent as heretofore, in advance.

Concur — Pette, Di Giovanna and Benjamin, JJ.

Final order reversed, etc.
February 2, 2012 **MEMORANDUM SUBJECT:**  Meeting with AF & PA **FROM:** Brian Shrager

OAQPS/SPPD/Energy

Strategies Group (D243 - 01) **TO:** EPA - HQ - OAR- 2002 - 0058 The EPA met with AF & PA on January 23, 2012. This discussion included projects including the Boiler MA CT rule and the impact of the vacatur of the stay of the effective date of the rule. Attendee list attached. Attachment
<TABLE> <S> <C>

<ARTICLE> CT
<CIK> 0000879555
<NAME> BOSTON CAPITAL TAX CREDIT FUND III L.P.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<TOTAL-ASSETS>                             115,210,993
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               115,210,993
<TOTAL-REVENUES>                                59,771
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (3,439,791)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,380,020)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 32


    Written Statement of Chief Executive Officer and Chief Financial Officer
                             Pursuant to Section 906
           of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)

     The undersigned, the Interim Chief Executive Officer and the Interim Chief
Financial Officer of InfoNow Corporation, a Delaware corporation (the
"Company"), each hereby certifies that, to his knowledge on the date hereof:

     (a)  the Form 10-QSB of the Company for the fiscal quarter ended June 30,
          2005, filed on the date hereof with the Securities and Exchange
          Commission (the "Report") fully complies with the requirements of
          Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

     (b)  the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.



                                               /s/ Harry R. Herbst
                                               ---------------------------------
                                               Harry R. Herbst
                                               Interim Chief Executive Officer
                                               August 12, 2005


                                               /s/ James L. Medina
                                               ---------------------------------
                                               James L. Medina
                                               Interim Chief Financial Officer
                                               August 12, 2005